Consumer Forums have jurisdiction to order re-issuance of correct bills on average basis in cases of defective metering and incorrect billing.

Mr. Surender Kumar, Senior Member—This is an appeal against the order dated 21.7.2003 passed by the District Forum, Uttarkashi whereby the appellant was directed to restore the connection of the complainant within 30 days and to issue fresh bills on average basis and the complainant was directed to deposit these bills within a specified time.

2. The brief facts of the case are that the complainant has got a telephone No. 7282 and the opposite party No. 1 is maintaining the computers regarding the telephones and the opposite party No. 2 issues bill on the basis of information received from the opposite party No. 1. The complainant received a bill dated 1.6.1999 for a sum of Rs. 4,945/-, which he deposited, for which he obtained necessary receipt. After the deposit of the said bill, he received bills of excessive amounts, for which he made a complaint to the opposite party No. 1 along with Sh. Rajendra Prasad Kothari and 3 others. On the complaint, the opposite party No. 1 told that the meter reading of the computer has completely washed because of which the call reading could not be taken. He also told that there was no management of computer memory in Uttarkashi. The complainant told the opposite party that if the reading of computer has been completely washed off, then how in the bill dated 1.6.1999, the previous reading has been shown? If the memory of the computer is once washed, it cannot come back. He made several complaints regarding the excessive billing. The opposite party assured that bills would be corrected but in March 2000 without any prior information his telephone was disconnected. He has suffered mental and financial loss for that. The complainant used his telephone limitedly, due to which his bills used to come at minimum rates. For the period from 1.11.1998 to 15.1.1999, 1.8.1999 to 30.8.1999, 1.10.1999 to 30.11.1999 and 1.2.2000 to 31.3.2000, the bills were not paid because they were wrongly sent and the opposite party assured that they will be corrected. In the bill from 1.6.2000 to 31.7.2000 the last reading was shown as 55631 and the present reading was shown as 55431 and the bill was for a sum of Rs. 1,26,286/-. The complainant made the complaint but it was not heard. Then he filed the complaint.

3. The opposite party filed written statement and alleged that the telephone was disconnected due to non-payment of the bills in time. STD facility was available in the telephone of the complainant and the bills were issued to him according to the calls made by him. The bill for the period from 1.6.2000 to 31.7.2000 was wrongly sent due to defect in computer, of which the complainant was informed by the Branch Manager of Chinyalisod. The complainant has not made the payment of the remaining bills. It did not assure to correct the bills. A sum of Rs. 33,370/- is due against the complainant.

4. After taking the evidence of the parties and hearing them the learned Forum allowed the complaint as above, against which order the present appeal has been filed.

5. We have heard the learned Counsel for the appellant and gone through the records. The complainant did not appear. Hence the appeal was heard ex parte. The learned Forum has examined the bills of the complainant. The bill from 1.3.1999 to 30.4.1999 was for a sum of Rs. 522/-. The bill from 1.2.2000 to 31.3.2000 was for Rs. 115/-. The bill from 1.4.2000 to 31.5.2000 was for Rs. 105/-. Then the amount of bill from 1.8.2000 to 30.9.2000 was Rs. 105/-. But only for 3 periods the bill is one of the Rs. 18,488/-, the other Rs. 12,614/- and the third Rs. 1,19,220/-. The learned Forum was perfectly justified in holding that the complainant has ordinarily been using his telephone in such a way that the bill was never for more than Rs. 200/- or 300/-. Why all of a sudden it will become of such huge amount? This will show that there was definitely defect in the billing system and the complainant has specifically alleged that the memory of the computer was washed off. The